Category: Trademark

Clients often ask us whether they should file an intent to use trademark application or whether they should simply wait until they have used their trademark in commerce before filing a trademark application. Section 1(b) of the Lanham Act allows a person to file a trademark application prior to using the mark in commerce. In […]

Communities with a cohesive tourism brand are able to broadcast a consistent message about their region, businesses, and natural wonders to lure visitor dollars into its area. This task often falls on regional or local tourism nonprofits and organizations. Trademark law provides a method for these organizations to foster a consistent brand message: the certification […]

Discussed here, a certification mark can be a valuable tool for regional nonprofits and quasi-governmental agencies to build brand awareness. This post focuses on some of the more technical aspects of obtaining and owning a certification mark. Owners of certified marks have five main obligations to ensure approval and continued registration of their certification mark. […]

The Trademark Trial and Appeal Board (“Board”) has jurisdiction over four types of inter partes (“between the parties”) proceedings: oppositions, cancellations, interferences, and concurrent use proceedings.   If a party believes that he/she will be damaged by the registration of a mark, they can file an opposition. An opposition is a proceeding in which the […]

Revision Legal’s Michigan trademark lawyers are experts in trademark law. Our Michigan trademark attorneys have handled trademark registration, trademark licensing, and trademark litigation in state and federal courts around the United States. Our Michigan trademark lawyers are licensed to practice in the state courts of Michigan, the Eastern District of Michigan, and the Western District […]

Selecting a name for your product, service, or company is a difficult process. You want to send the right message and convey an intangible aspect of your business to potential consumers. You want the name to reflect your corporate values and mission. And you want to be creative and stand out. Many time businesses look […]

Mark strength is a measure of the distinctiveness of a trademark and can be represented on a linear scale, or as we call it, the Trademark Strength Spectrum. At one end of the scale are the strongest and most distinctive trademarks, such as arbitrary and fanciful marks. At the other are suggestive marks and descriptive […]

Clients often ask us how they can avoid trademark infringement when selecting a brand identity and selling products. Avoiding trademark infringement is actually fairly easy. All it takes is a little work on the front end to avoid numerous potential problems on the back end. Trademark infringement frequently occurs when a new business fails to […]

As reported in Beverage Daily, the Oregon Attorney General filed a petition to compel 5 Hour Energy to turn over its formula in a connection with a multi-state investigation into the energy drink’s safety and advertising. In general, trade secrets are information, formulas, or patterns that 1) derive independent economic value from not being generally […]

Disney has filed a trademark infringement lawsuit against Phase 4 Films, creator of the upcoming film “Frozen Land.” Disney claims that Phase 4 Films named the film “Frozen Land” to trade off of Disney’s popular film, and Oscar contender, “Frozen.” Though the film was previously released under the title “The Legend of Sarlia,” Disney contends […]